On May 14, 2025, Governor Brian Kemp signed House Bill 176 into law, marking a critical victory for incarcerated individuals in Georgia. This landmark legislation restores the ability to file out-of-time appeals, allows defendants to appeal guilty pleas, introduces a 30-day window to withdraw pleas, and guarantees legal representation for indigent individuals seeking relief. HB 176 directly addresses the fallout from the Georgia Supreme Court’s 2022 decision in Cook v. State, which had eliminated the judicially created process for out-of-time appeals. Now, for many, a second chance at justice is back on the table.
Fixing the Damage Caused by Cook v. State
In 2022, the Georgia Supreme Court ruled in Cook v. State that courts no longer had authority to grant out-of-time appeals unless the legislature created a process to do so. That decision left countless people—many of whom lost appeal rights due to ineffective counsel or confusion—stranded with no remedy beyond difficult habeas petitions 1.
HB 176 answers that call. Under the new law, individuals may now file a motion for leave to submit an out-of-time motion for new trial or notice of appeal, giving them a clear path to challenge wrongful convictions, even if deadlines have passed.
Key Provisions of HB 176
1. Out-of-Time Appeals Are Back—Now in Statute
Defendants who missed appeal deadlines may now petition the trial court for permission to file an out-of-time motion for new trial or notice of appeal. The motion must be filed within 100 days of the missed deadline, and relief may be granted if:
• The state consents;
• The delay was due to excusable neglect;
• Ineffective assistance of counsel caused the delay; or
• Other good cause is shown 2.
Importantly, the law also includes a special provision for those whose appeals were dismissed because of Cook. These individuals can refile their out-of-time motion anytime before June 30, 2026—without needing to meet the 100-day requirement.
2. Right to Counsel for Indigent Individuals
Any incarcerated individual who cannot afford a lawyer is now entitled to appointed counsel when pursuing out-of-time motions under the new law. This ensures that procedural rights are meaningful—not just theoretical—and that defendants have skilled legal help to make their case.
3. Appeals from Guilty Pleas Now Permitted
Previously, appealing a guilty plea in Georgia was nearly impossible unless a motion to withdraw the plea had been filed and denied. Now, HB 176 explicitly allows direct appeals from guilty pleas—through the discretionary application process—giving the courts the opportunity to review unjust or misinformed plea deals 2.
This change is especially critical for defendants who were misled during plea negotiations or whose counsel failed to explain the consequences of a guilty plea.
4. 30-Day Window to Withdraw Guilty Pleas
HB 176 gives all defendants at least 30 days after sentencing to withdraw a guilty plea, extending even longer if the court term allows. This closes the gap where many individuals previously had only days—or no time at all—to reconsider a plea that may have been entered under duress or misinformation.
Filing a motion to withdraw also pauses (or “tolls”) the statute of limitations and speedy trial clock, allowing both sides time to re-prepare the case if the motion is granted.
Real-World Impact: What This Means for Prisoners
Scenario 1: Missed Deadlines Due to Ineffective Counsel
An inmate whose lawyer failed to file an appeal can now request an out-of-time appeal by citing ineffective assistance. With counsel appointed to help, that inmate may get the appellate review they were wrongly denied.
Scenario 2: Faulty Guilty Plea
A prisoner who pled guilty after being misinformed about sentence length or immigration consequences can now apply for appellate review—even if the plea is months or years old.
Scenario 3: Blocked by Cook? Now There’s Hope
Inmates whose appeals were shut down after Cook now have until June 30, 2026, to file again. This grace period could help hundreds who were unfairly barred from appellate review.
A Long-Overdue Shift Toward Fairness
For years, Georgia had one of the most restrictive appellate systems in the country. Procedural rules often closed the door on appeals before individuals even knew they had rights. HB 176 reopens that door for many—especially those failed by the very attorneys appointed to defend them.
The law also brings Georgia in line with best practices seen in other states, where out-of-time remedies and plea withdrawal opportunities are essential tools for safeguarding justice.
Call to Action
For incarcerated individuals, family members, and advocates, the next step is action:
• Review the timeline of the case and determine if an appeal deadline was missed.
• Consult with a legal advocate or public defender’s office to explore eligibility for relief under HB 176.
HB 176 doesn’t fix every problem, but it restores hope where the system had previously shut people out. With deadlines, process clarity, and the right to legal help, Georgia has taken a major step toward ensuring every person gets the chance they deserve to seek justice.
